If both parties are seeking an amicable settlement through discussion and there are no communication problems between the parties, one option is to instruct a mediator with the terms of the divorce before involving a lawyer. Mediators have the advantage of speeding up the process because they focus on reaching an agreement between both parties.
Mediation in the United States is slightly different from divorce mediation in Japan. There is only one mediator who leads the discussions between the husband and wife. Mediators are often attorneys, but may also belong to other professions such as social workers or clinical psychologists. If the mediator is a lawyer, they are of course familiar with the law. If the mediator is a psychologist, they can focus more on the emotional conflicts between both the parties, who each have their own struggles.
Mediators take a neutral position and do not work for one side only. They also cannot give advice for only one side of the party. While a lawyer has to decide on the legal evidence for their own claims and rights, a mediator offers both parties the opportunity to resolve their dispute. Often, both parties use lawyers and a mediator to resolve the case.
By using a mediator, the opinions of both husband and wife can be heard equally so that both parties can make their own decisions and come to an agreement. They discuss the areas of disagreement and look for compromises on various points. Because agreements are reached in this process, there is a good chance that mutual relations will not deteriorate and that a cooperative relationship can be maintained long after the divorce. Also, because there is no public record, they can relax without fear that what they say will become binding later.
Points to consider when choosing a mediator:
1. The mediator should fully explain the rights and obligations of both parties based on family law and lead the discussion in a way that allows both parties to make their own decisions and reach an agreement based on this understanding.
2. He or she should mediate from a neutral standpoint, taking into account the best interests of both parties and their families.
3. Choose someone who is trained and committed to being a mediator. If a mediator is also a litigation lawyer, for example, they may not be suitable.
4. Depending on the circumstances of the parties involved, you may need a mediator who is knowledgeable about fixed assets, taxes, and other complex financial issues.
5. When it comes to parenting and custody issues, a mediator who is qualified as a therapist is more likely to find the best solution that is better for the child and the family rather than a mediator who is a qualified lawyer.
6. If emotional issues on both sides are preventing a smooth resolution, the mediator may recommend that the parties consult a therapist or divorce coach.
7. Based on the first impression you get when you contact them, choose someone who is sincere, seems willing to work with you, and with whom you get along well.
8. The fee guidelines for mediation can be found in the glossary. The number of consultations depends on the complexity of the case. However, in most cases, 2 to 6 consultations are required.
9. If your mediator is a qualified lawyer, you can also ask them to draw up a divorce agreement.